April 29, 2016 CLIENT Period of OPT Permitted period of unemployment 12 months 90 days 17-month STEM 120 days* 24-month STEM 150 days* *If the F-1 student is granted an additional seven-month extension in addition to her 17-month STEM-OPT (for a total of 24 months), then she may be unemployed for total of 150 days. New Employer Stem Opt Employer Responsibilities 1. If an employer wants to provide an additional practical training opportunity to a STEM OPT graduate, during her extension, the employer must: 2. Be enrolled in E-Verify and remain in good standing in the E-Verify program; 3. Report material changes to the STEM OPT student’s employment to the DSO within five business days; 4. Implement a formal training program to augment the student’s academic learning through practical experience; 5. Provide an OPT opportunity commensurate with those of similarly situated U.S. workers in duties, hours and compensation; 6. Compete a Form I-983, Training Plan for STEM OPT students. In this form, the employer must attest that: • The employer has sufficient resources and trained personnel available to appropriately train the student; • The student will not replace a full-or part-time, temporary or permanent U.S. worker; and, • Working for the employer will help the student attain her training objectives. Also, the employer must also conduct regular evaluations of the F-1 student, and report the same to the DSO, as well as attest that the employer will not replace a U.S.

worker with an F-1 STEM OPT employee. New DHS Worksite Visit Initiative ICE may now visit employer worksites to verify whether the employer is meeting new STEM OPT program requirements, including whether it is maintaining the ability and resources to provide structured and guided work-based learning experiences for the STEM OPT student. ALERT page 2 of 2 Special Rules For Students Who Have A 17-Month Stem Opt Extension (Or Have An Application Pending On May 10 For A 17-Month Extension) The new rule authorizing the 24-month STEM OPT extension will go into effect on May 10. If the student has a 17-month STEM OPT extension, the student may apply to add seven months to her STEM OPT period on or after May 10 as long as the student has at least 150 days of valid employment authorization remaining on the date the student properly files the Form I-765. The Form I-765 must be filed, with fee, on or before August 8, 2016.

Applications with less than 150 days of validity remaining and/or applications filed after August 8, 2016 will be denied. Until May 9, the USCIS will continue to adjudicate STEM OPT applications under the 2008 interim final rule. Any STEM OPT extension application filed and approved before May 10 will be granted a 17-month extension. If the F-1 student has an application for a 17-month STEM OPT extension that remains pending on May 10, the USCIS will send a Request for Evidence (RFE) to permit the student to demonstrate eligibility for the 24-month STEM OPT period. This client alert is published by Dickinson Wright PLLC to inform our clients and friends of important developments in the field of immigration. The content is informational only and does not constitute legal or professional advice.

We encourage you to consult a Dickinson Wright attorney if you have specific questions or concerns relating to any of the topics covered here. DW Immigration: Global Mobility with a Personal Touch! FOR MORE INFORMATION CONTACT: Elise S. Levasseur is a Member in Dickinson Wright’s Troy office. She can be reached at 248.433.7520 or elevasseur@ dickinsonwright.com. Christian S.

Allen is Of Counsel in Dickinson Wright’s Troy office. He can be reached at 248.433.7299 or callen@ dickinsonwright.com. Lisa D. Duran is a Member in Dickinson Wright’s Phoenix office.

She can be reached at 602.285.503d2 or lduran@ dickinsonwright.com. Suzanne K. Sukkar is Of Counsel in Dickinson Wright’s Ann Arbor office. She can be reached at 734.623.1694 or ssukkar@dickinsonwright.com. Kevin J.

Weber is a Partner in Dickinson Wright’s Toronto office. He can be reached at 416.367.0899 or kweber@ dickinsonwright.com. .